On July 1, 2016 Assembly Bill 579 (AB 579), the Nevada legislation which changes sex offender classification and registration requirements consistent with the federal Adam Walsh Child Protection and Safety Act of 2006, becomes effective.
The Adam Walsh Act classifies individuals convicted of certain sex crimes into three tiers and assigns registration frequency and public notification requirements according to tier. Nevada is one of the 17 states, 3 territories, and 63 tribes that enacted sex offender registration statutes that align with the Adam Walsh Act.
Under existing state law, sex offender classification was determined based on subjective criteria, including the offender’s likelihood to reoffend. Effective July 1st, sex offender tier or classification will be determined based on age of the victim and criminal conviction.
Tier Designation Under the New Nevada Sex Offender Law
Under AB 579, offenders will be classified into the following tiers:
Tier I Offender– An individual is considered a tier I offender if he or she has been convicted of a crime against a child or a sex offender other than a tier II or tier II offender.
Tier II Offender– An individual is considered a tier II offender if he or she has been convicted of the following:
- Luring a child, if punishable as a felony
- Abuse of a child, if the abuse involved sexual abuse or sexual exploitation
- An offense involving pandering or prostitution of a child
- Any offense involving pornography and a minor
- Any sexual offense or crime against a child after the person becomes a Tier I offender.
Tier III Offender– An individual is considered a tier III offender if he or she has been convicted of the following:
- Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault, sexual abuse, or sexual molestation of a child less than 14 years of age
- Sexual assault
- Battery with the intent to commit sexual assault
- Abuse of a child, if the abuse involved sexual abuse or sexual exploitation of a child less than 13 years of age
- Kidnapping, if the victim is less than 18 years of age (unless offender is the parent of the victim)
- Any sexual offense or crime against a child after the person becomes a Tier II offender.
Important Changes in the Nevada Sex Offender Law
In addition to the tier system, the new legislation implements the several changes. The chart below explains critical differences between the existing law and AB 579.
|Existing State Law||New State Law Under AB 579|
|1. All sex offender convicted of a crime against a child must register with law enforcement.||1. Each sex offender must register before release from imprisonment. If no imprisonment, the offender must register within 3 days of sentencing.|
|2. Offender must register in person.||2. Offender must register in person and update certain information, including residence, employment, and school, whenever there is a change.|
|3. Offender must mail verification each year to the Central Repository for Nevada Records of Criminal History to verify the information in registration record.||3. Annual requirement to register is removed. Rather sex offender must register every 90 days, 180 days, or 1 year depending on tier classification.|
|4. Under certain circumstances, an offender may petition for termination of registration requirements.||4. An offender may terminate to have registration requirements terminated after 15 or 25 years depending on tier classification.|
|5. Designation of sex offender as Tier I, Tier II, or Tier III is based on several subjective factors, including an assessment addressing the offender’s likelihood to reoffend.||5. Tier designation depends on criminal conviction and age of the victim.|
|6. Community notification requirements depend on tier level.||6. All sex offenders convicted of a crime against a child must comply with community notification requirements regardless of tier level.|
Potential Impact of the New Sex Offender Registration Law
The chart above does not list all the changes and contents of Assembly Bill 579. If you have been charged or convicted of a sex crime, including sexual assault, lewdness with a child (child molestation), child pornography, or failure to register as a sex offender, it is important to consult an experienced sex crime defense attorney immediately to discuss how the new law affects you.
Jeffery Jaeger of The Law Office of Jeffery Jaeger is an experienced Las Vegas sex crime defense attorney. He has the knowledge and experience to fully explain your legal options and prepare the best defense possible on your behalf. Attorney Jeffery Jaeger diligently defends individuals accused of sex crimes throughout Clark County, including Las Vegas, North Las Vegas, Henderson, Boulder City, and surrounding areas.
Contact The Law Office of Jeffery Jaeger at (702) 816-3888 to schedule a free confidential consultation.